DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Aluminium Finishing Pty Limited
(AG2017/6399)

AUSTRALIAN ALUMINIUM FINISHING DANDENONG ENTERPRISE AGREEMENT 2017-2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MAY 2018

Application for approval of the Australian Aluminium Finishing Dandenong Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Aluminium Finishing Dandenong Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Aluminium Finishing Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Australian Aluminium Finishing Pty Limited, sought approval of the Australian Aluminium Finishing Dandenong Enterprise Agreement 2017-2019, which was entered into between the applicant and the Australian Manufacturing Workers' Union. The dispute was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the agreement met the procedural requirements for approval and whether the agreement was in the public interest.

The Commission found that the agreement had been negotiated in good faith and was not contrary to public policy. It noted that the agreement provided for a transparent and fair process for resolving disputes and included provisions for the protection of employees' rights. The Commission also found that the agreement did not unfairly disadvantage any party and was in the public interest. The applicant satisfied its onus of demonstrating that the agreement was fair and reasonable, and the Commission approved the agreement.

The Commission approved the Australian Aluminium Finishing Dandenong Enterprise Agreement 2017-2019, effective from the date of the decision. The agreement provides for a three-year period and includes provisions for wages, hours of work, and other conditions of employment. The approval of the agreement ensures that the parties can move forward with the implementation of the agreement and that employees are protected by the terms of the agreement.

Australian Aluminium Finishing Pty Limited

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established